then the person posting the bond, or paying the fine, penalty, costs (including storage), or interest has a lien against the contents equal to the amount of the bond, fine, penalty, cost (including storage), or interest incurred, until the person receives a payment of that amount from the owner or beneficial owner of the contents, or from the person responsible for making or forwarding the certification, or transferring the information from the certification to another document.
49 U.S.C. § 5905
HISTORICAL AND REVISION NOTE | ||
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
5905(a) | 49:508(g)(1). | |
5905(b) | 49:508(g)(2)(A), (B). |
EDITORIAL NOTES
AMENDMENTS1996-Subsec. (a). Pub. L. 104-291, §206(1), added subsec. (a) and struck out former subsec. (a) which read as follows: "(a) GENERAL.-If a person involved in the intermodal transportation of a loaded container or trailer for which a certification is required by section 5902(b) of this title is required under State law to post a bond or pay any fine, penalty, cost, or interest resulting from providing erroneous information in the certification to the first carrier in violation of section 5903(a) of this title, the person has a lien against the contents equal to the amount of the bond, fine, penalty, cost, or interest incurred, until the person receives a payment of that amount from the owner or beneficial owner of the contents or from the person responsible for making the certification." Subsec. (b)(1). Pub. L. 104-291, §206(3), substituted "cost (including storage), or interest. The lien shall remain in effect until the lien holder has received payment for all costs and expenses described in subsection (a) of this section." for "cost, or interest." Pub. L. 104-291, §206(2), inserted ", or the owner or beneficial owner of the contents," after "first carrier".
- first carrier
- "first carrier" means the first carrier transporting a loaded container or trailer in intermodal transportation.
- intermodal transportation
- "intermodal transportation" means the successive transportation of a loaded container or trailer from its place of origin to its place of destination by more than one mode of transportation in interstate or foreign commerce, whether under a single bill of lading or under separate bills of lading.
- trailer
- "trailer" means a nonpower, property-carrying, trailing unit that is designed for use in combination with a truck tractor.